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89-9320 IRB Presbyterian Manor(Published in the Salina Journal, -WDv X20, 1989) ORDINANCE NO. 89-9320 AN ORDINANCE AMENDING SECTION 1, WHICH REFERENCES SCHEDULE I AS INCORPORATED THEREIN BY REFERENCE OF ORDINANCE NO. 87-9180 OF THE CITY OF SALINA, KANSAS; REPEALING SAID SECTION 1 AND SCHEDULE I OF ORDINANCE NO. 87-9180; PRESCRIBING THE FORM AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE SUPPLEMENTAL LEASE BY AND BETWEEN SAID CITY AND SALINA PRESBYTERIAN MANOR, INC., A KANSAS NON-PROFIT CORPORATION. WHEREAS, the City of Salini, Kansas, a City of the first class (the "City") pursuant to Ordinance No. 8639 duly adopted June 5, 1978, has heretofore issued its Industrial Revenue Bonds, Series June 1, 1978, in the original I'Irincipal amount of $2,000,000 (the 111978 Bonds") for the purpose of providing funds to pay the cost of acquiring, constructing and equipping a 60 -bed nursing home facility in the City of Salina, Kansas, which real property and improvements have been pledged by the City pursuant to said Ordinance to secure the payment of said 1978 Bonds; and WHEREAS, the City, pursuant to Ordinance No. 87-9180 duly adopted April 20, .1987, supplementing Ordinance No. 8639, has heretofore issued its Industrial Revenue Bonds, Series 1987, in the original principal amount of $800,000 (the 111987 Bonds") for the purpose of providing funds to pay the cost of constructing and equipping four (4) duplex buildings, as well as the acquisition of a fifth duplex building in tbs City, which real property and improvements have been pledged by the City pursuant to said Ordinance No. 87-9180 to secure the payment of said 1987 Bonds; and WHEREAS, the 1987 Bonds are on a parity with and are equal in priority and lien -to the 1978 Bonds; and WHEREAS, Section 1, which incorporates Schedule I therein by reference, of amending Ordinance No. 87-9180, erroneously omitted the legal description of the Facility Additions, as defined therein; and WHEREAS, Section 14 of Ordinance No. 87-9180 provides that except as to differences specifically provided therein, the provisions of Ordinance No. 8639 shall govern, including the provisions with respect to amendments; and ■ WHEREAS, Section 17 of Ordinance No. 8639 provides tha amendments which correct omissions or ambiguities or which add t the security of the bondholders may be made by the City when agree to by the Company. WHEREAS, the City and the Company deem it necessary desirable to amend Section 1, including Schedule I incorpora therein of said Ordinance No. 87-9180 to correct such omission to add to the security of the bondholders. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF CITY OF SALINA, KANSAS: SECTION 1: Authority to Acquire Real Property and tc Construct. Purchase and Install the Facility. The City is hereby authorized to acquire that portion of the real property described and set forth on Schedule I attached hereto and made a part hereof, which was not acquired with the 1978 Bonds, and to construct, purchase and install the buildings and improveme-its and machinery and equipment as described and set forth on said Schedule I attached hereto, in accordance with the provisions of the Supplemental Lease dated as of April 1, 1987, between the City and the Company, hereinafter sometimes referred to as the "Supplemental Lease," the Supplemental Lease being authorized by the provisins of Ordinance No. 87-9180 (said real property being hereinafter and in the Supplemental Lease referred to as the "Land," and the Land, together with the buildings and improvements and machinery and equipment being hereinafter and in the Supplemental Lease referred to as the "Facility"). SECTION 2: Section 1, together with Schedule incorporated therein by reference, of Ordinance No. 87-9180 of City of Salina, Kansas is hereby amended to read as follows: "SECTION 1: Description of Facility. As used herein, the term "Facility" shall include the original facility financed by the 1978 Bonds and the Bonds hereinafter authorized. The additions financed with the proceeds of the Bonds are further described in Schedule I attached hereto and incorporated herein by reference." "SCHEDULE I SCHEDULE I TO ORDINANCE NO. 87-9180 OF THE CITY OF SALINA, KANSAS AND TO THE SUPPLEMENTAL LEASE DATED APRIL 1, 1987, BY AND BETWEEN SAID CITY AND SALINA PRESBYTERIAN MANOR, INC. AUTHORIZED BY SAID ORDINANCE. ­hlC­ 111-q — Sa1:11, FACILITY ADDITIONS (a) the following described real estate located in Saline County, Kansas, to wit: Beginning at the southwest corner of the SW/4 of the SE/4 of Section 17, Township 14S, Range 2W, of the 6th P.M. in Saline County, Kansas; thence north 45' to the north right-of-way line of East Crawford Avenue; thence east along said north right-of-way line of East Crawford 2301, 890 22' 27" to point of beginning; thence east along said north right-of-way a distance of 360'; thence north 900 a distance of 4001, thence west 900 a distance of 360'; thence south 900 a distance of 400' to the point of beginning. (b) all buildings, improvements and furnishings now or hereinafter constructed, located or installed on the Land pursuant to said Supplemental Lease, constituting the Facility Additions and more specifically described as follows: The Facility additions will include the construction of five (5) additional duplex buildings adjacent to the existing facility, which will provide 10 residential units." SECTION 3: Section 1, together with Schedule I as incorporated therein by reference, of said Ordinance No. 87-9180 - is hereby repealed in its entirety. SECTION 4: Any reference in Ordinance No. 87-9180 to Section 1 or Schedule I is hereby amended to refer to the Section 1 or Schedule I as amended by this Ordinance. SECTION 5: That the Mayor and City Clerk are hereby authorized and directed to execute for and on behalf of the City of Salina, Kansas an Amendment to Supplemental Lease in substantially the form attached hereto. Said Amendment of Supplemental Lease is hereby incorporated herein by reference, the same as if set forth at length herein. SECTION 6: This Ordinance shall take effect and be in force from and after its passage and publication once in the official City newspaper.